Construction Law Blog

Building Hazards through the Ages

For centuries, humanity has strived to build structures that offer shelter, security, and beauty. Yet, the history of construction is also a narrative of evolving understanding, where materials once considered innovative or benign later revealed themselves to be deeply hazardous. From the Industrial Revolution to the present day, our homes and workplaces have been constructed using a fascinating, and sometimes frightening, array of substances. Today, a growing awareness of these historical pitfalls is driving the demand for “clean construction” – a commitment to healthier, more sustainable building practices.

The 19th Century: A Golden Age of Hidden Dangers

The 1800s saw an explosion of industrial innovation, leading to new building techniques and materials. However, many of these carried unforeseen risks:

  • Lead (Pre-1800s to Mid-20th Century): While its use dates back to ancient times, lead saw widespread application in the 19th and early 20th centuries. It was a common component in paints (prized for durability and vibrant color), plumbing pipes (due to its malleability), and even roofing materials. The understanding of lead poisoning – affecting neurological development, kidney function, and causing anemia – only solidified much later, leading to the gradual phasing out of lead-based paints by the 1970s and lead plumbing in the 1980s.
  • Arsenic (Late 1800s): Surprisingly, arsenic, a potent poison, found its way into building materials, particularly wallpaper. The vibrant green pigment “Scheele’s Green” and “Paris Green,” popular in Victorian-era wallpapers, contained high levels of arsenic. In damp conditions, these wallpapers could release toxic arsenic compounds into the air, contributing to illness and even death in occupants.

The 20th Century: Efficiency Overlooked Health

The 20th century, particularly from the 1920s to the 1970s, introduced materials designed for efficiency, insulation, and durability, often with disastrous long-term health consequences:

  • Asbestos (1900s-1980s): This fibrous mineral was a true “miracle material” for decades due to its exceptional heat resistance, insulation properties, and strength. It was incorporated into nearly every aspect of construction: insulation, roofing shingles, floor tiles, cement products, pipe lagging, fireproofing, and textured paints. The insidious danger of asbestos lies in its microscopic fibers, which, when inhaled, can cause debilitating and often fatal lung diseases such as asbestosis, lung cancer, and mesothelioma, with symptoms appearing decades after exposure. Strict regulations and bans began in the late 1970s and continue today.
  • Polychlorinated Biphenyls (PCBs) (1929-1979): These synthetic organic chemicals were used in various building components, primarily in electrical equipment like transformers and capacitors, and as sealants in window caulking, elastic joint fillers, and fluorescent light ballasts. PCBs are persistent organic pollutants that accumulate in the environment and human body, linked to cancer, reproductive issues, and immune system effects. Their production was banned in the U.S. in 1979.
  • Formaldehyde (1950s-Present): While still in use, concerns about formaldehyde peaked in the mid-to-late 20th century. It’s found in pressed wood products (like particleboard and plywood), insulation (urea-formaldehyde foam insulation), and adhesives. Formaldehyde is a Volatile Organic Compound (VOC) that can off-gas into indoor air, causing respiratory irritation, headaches, and has been classified as a probable human carcinogen. Modern regulations aim to reduce formaldehyde emissions significantly.
  • Radon (Naturally Occurring, Awareness Grew Mid-20th Century): While not a manufactured building material, radon is a naturally occurring radioactive gas that becomes a hazard when it seeps into homes from the soil and rocks beneath. Its presence in homes was increasingly understood from the 1970s onwards as a leading cause of lung cancer for non-smokers.

The Modern Era: Embracing Clean Construction (1990s – Current Day)

The recognition of historical building hazards, coupled with growing environmental awareness, has spurred the “clean construction” movement. This philosophy prioritizes materials and practices that promote human health, minimize environmental impact, and foster energy efficiency.

Key aspects and materials of clean construction include:

  • Low-VOC and No-VOC Products: Paints, adhesives, sealants, and finishes are now widely available with significantly reduced or zero Volatile Organic Compounds, improving indoor air quality.
  • Recycled and Reclaimed Materials: Utilizing materials like recycled steel, reclaimed timber, and recycled content insulation reduces waste and the demand for virgin resources.
  • Sustainable Wood Products: Certified by organizations like the Forest Stewardship Council (FSC), these woods come from sustainably managed forests.
  • Natural Insulation Materials: Alternatives to traditional fiberglass or foam, such as denim insulation (made from recycled cotton), sheep’s wool, cellulose (recycled paper), and straw bales, offer excellent thermal performance with lower environmental footprints.
  • Advanced Air Filtration and Ventilation Systems: Modern HVAC systems are designed to bring in fresh air and filter out pollutants, maintaining optimal indoor air quality.
  • Passive Design Principles: Utilizing natural light, strategic window placement, and optimized building orientation to reduce the need for artificial lighting and heating/cooling, thereby lowering energy consumption.
  • Renewable Energy Integration: Solar panels and other renewable energy sources are increasingly incorporated into building designs to reduce reliance on fossil fuels.
  • Green Roofs and Living Walls: These add insulation, improve air quality, manage stormwater, and enhance biodiversity.

The evolution of building materials and practices is a continuous learning process. By understanding the “legacy of risk” left by historical hazardous materials, we can better appreciate and champion the innovative, health-conscious, and environmentally responsible approaches that define clean construction today. Our homes are not just structures; they are environments that profoundly impact our well-being, and building them cleanly ensures a healthier future for all.

John Caravella, Esq

John Caravella Esq., is a construction attorney and formerly practicing project architect at The Law Office of John Caravella, P.C., representing architects, engineers, contractors, subcontractors, and owners in all phases of contract preparation, litigation, and arbitration across New York and Florida. He also serves as an arbitrator to the American Arbitration Association Construction Industry Panel. Mr. Caravella can be reached by email: John@LIConstructionLaw.com or (631) 608-1346.

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